Another Israel Patent Lapses Despite Timely Payment of Fees

Israel patent number 213651 relates to a method of saving water. The patent issued on 31 August 2013, and the deadline for paying the renewal fee was 30 November 2013. Due to failure to pay the fee in a timely manner, once the grace period passed, it was considered as having lapsed from November 2013 and a notice that the patent had lapsed was subsequently published in the Israel Patent Office Journal of July 2014.

In October 2014 the patentee filed a request for reinstatement. The agent of record argued that the patentee had paid the renewal fee in a timely manner, however proof of payment was not sent to the Israel Patent Office. On discovering the error in June 2014, the agent of record contacted the patent office to discover what had happened, believing that proof of payment had been submitted. On discovering that proof of payment had not been received at the patent office, he took steps to revive the patent.

From the chain of events, the Deputy Commissioner, Ms Jacqueline Bracha, was assured that the patentee had not intended the patent to lapse and the fact that the patent had been paid but only the proof of payment had not been submitted was considered further evidence that the patentee had intended to renew the patent. There was a lack of explanation as to why so much time had passed from when the fact that the patent had lapsed was known to the patentee to when a reinstatement request was filed. Nevertheless, noting that the Israel Patent Office was closed for festivals, Ms Bracha allowed the request for reinstatement, and this has published for opposition purposes.

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